Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

I did not believe at any time that there had been a breach of section 44 of the Constitution. The department at no time gave me advice to the effect that there could have been a breach of section 44 of the Constitution. I confirm for the Senate again: not a single dollar in rent was paid for the electorate office of former Senator Bob Day. Senator Marshall and, indeed, Labor senators, for political reasons, are trying to make an assumption on what the constitutional position will be that is ultimately determined by the High Court. But neither the government nor the opposition nor anyone in this chamber can determine what the constitutional position is.

We did obtain legal advice. The legal advice came up with a different interpretation, and obviously that will now be tested in the High Court, and it will be a matter for the High Court to confirm the position one way or the other.